CHAPTER X.

Attorneys and Counselors at Law.

Compensation of: See infra, § 474 et seq.

§ 118. Attorney and Counsel Defined.-An attorney is a person duly admitted to practice law and authorized to appear for and represent a party in the written proceedings in any action or proceeding in any stage thereof. An attorney other than the one who represents the party in the written proceedings may also appear for and represent a party in court or before a judicial officer, and then he is known in the particular action or proceeding as counsel only, and his authority is limited to the acts that are done in the court or before such officer at that time. [L. '91, p. 95, § 1; 2 H. C., § 90; L.'95, p. 178, § 1.]

Cited in 30 Wash. 234.

§ 119. Attorneys to be Admitted.-No person shall be permitted to practice as an attorney and counselor at law or to commence, conduct or defend any action or proceeding in which he is not a party concerned, in any of the courts of this state, either by using or subscribing his own name or the name of any other person, or to solicit business as, or to advertise, or represent himself, in any way, as an attorney or counselor at law, unless he has been previously admitted to practice law in this state. [L. '09, p. 533, § 1. Cf. L. 63, p. 403, § 1; L. '77, p. 321, § 1; Cd. '81, § 3275; L. '91, p. 96, §§ 8, 10; 2 H. C., §§ 91, 93; L. '95, p. 178, § 2; L. '03, p. 391, § 1.]

§ 120. General Qualifications for Admission-Fee.-No person shall hereafter be admitted to practice law in this state except by order of the supreme court, either on motion or by examination. Each applicant for admission shall show by his affidavit to the court that he is over twenty-one years of age, a citizen of the United States and a resident of this state, or has come into this state for the purpose of making it his permanent residence, that he intends to actively engage in the practice of the law as a profession, and that he is not laboring under suspension or disbarment of any court whatsoever, and that he never was suspended or disbarred, by any court, or if so, in what courts and when, and giving the time of reinstatement, and shall also file a certificate of at least two members of the bar of the supreme court to the effect that he is of good moral character and recommending his admission: Provided, that attorneys living outside of this state may practice in the courts of

this state on the same terms and conditions as attorneys of this state are permitted to practice in the courts of their respective states, territories or districts, and not otherwise. The fee for admission shall be twenty-five dollars, to be paid to the clerk of the court at the time of filing his application, and in case the court refuses to admit the applicant the fee shall be returned to him, otherwise to be accounted for as other court fees. It shall be competent for any person to present to the court any reason why an applicant should not be permitted as an attorney and counselor at law in this state. [L. '09, p. 533, § 2. Cf. Cd. '81, § 3276; L. '91, p. 96, § 9; 2 H. C., Cf. L. '97, p. 12, § 1.]

§ 92; L. '95, p. 179, § 4.

§ 121. Admissions on Motion-Law

Graduates-Certificates.

The following applicants may be admitted on motion:

(a) Graduates of the law department of the state university; (b) Graduates of the law department of Gonzaga University of Spokane: Provided, the entrance requirements are substantially the same and shall remain the same as those required for entrance to the law school of the state university: Provided further, that the course of instruction shall require not less than the same number of hours required for graduation by the said state university and that the course and requirements of study shall be such as to show that the graduates of said university are qualified for admission to practice as attorneys. The state board of bar examiners, appointed by the supreme court, shall be the judges of whether the aforementioned conditions are being complied with and a certificate of said board to that effect shall be conclusive.

(c) Members of the bar of other states having been entitled to practice in the highest courts of record in their respective states for at least two years immediately preceding their application for admission to practice in this state: Provided, that such applicant, upon showing the qualifications as provided in the next preceding section, the court, if satisfied of the applicant's fitness, shall enter an order permitting such applicant to practice law in this state for a period of one year, at the end of which time, the court being satisfied that such applicant is of good moral character and a fit and proper person to practice law in this state, an order shall be entered so admitting such applicant. [L. '15, p. 242, § 1. Cf. L. '09, p. 534, § 3; L. '03, p. 391, § 1.]

§ 122. Notice of Application for Examination-Fee.-All persons making application for admission to the bar as herein provided,

shall file a notice of such application with the clerk of the supreme court at least one week before the date of such examination, as shall be fixed by rule of the supreme court, and shall pay to said clerk the sum of twenty-five dollars, in full for all fees, for filing his application, entering his admission and the issuing of a certificate therefor, and the fee so paid to the clerk shall be accounted for by him as other fees. [L. '95, p. 179, § 5; L. '03, p. 392, § 3; L. '07, p. 407, § 1.]

This section may be superseded. Twenty dollars changed to twentyfive dollars, by § 120, supra.

§ 123.

Examinations—Qualifications.—Examinations

for admission to the bar shall be held at the state capitol on the first Thursday and Friday after the second Monday in January, May and October, of each year, and shall be both oral and written as to the applicant's knowledge of law, general learning, fitness and qualifications. Nor shall any such applicant be examined unless he shall have filed with the clerk of the supreme court, two months before such examination, a statement in which the time he commenced the study of law is set forth: Provided, the time he applies for admission is at least two years after the time named in such statement. Every applicant shall also present an affidavit by some member of the bar of the supreme court, or a certificate from the dean or head of some law school of approved standing, to the effect that such applicant has regularly and attentively studied law under the direction of the affiant or dean or head of such law school as the case may be, for a period of two years: Provided, that thirty-five full weeks of study in a law school in any one year shall be equivalent to a year's study. [L. '11, p. 158, § 1. Cf. L. '09, p. 534, § 4; L. '95, p. 179, § 3.]

§ 124. Rules-Examining Board-Appointment-Compensation.The supreme court shall make such other rules as may be necessary for the admission of applicants to practice law, and for the purpose of conducting the examination of applicants, shall appoint a board. consisting of three lawyers, who shall severally hold their office for a term of three years unless sooner removed by the court: Provided, however, that the first appointments after the taking effect of this act shall be one member to be appointed for one year, one for two years and one for three years, and thereafter each member shall be appointed for a term of three years, except to fill a vacancy not caused by the expiration of a term. No person shall be eligible as a member of such board unless he shall have been a member in good standing of the bar of the supreme court of this state for not less

than five years immediately preceding his appointment, and no person shall be eligible to succeed himself on such board. Each member of said board shall be allowed ten dollars ($10) per day for each day actually spent in the performance of his duties, and five cents per mile for each mile actually and necessarily traveled in going to and returning from attendance on the court to conduct such examinations. The person having the shortest term to serve on said board shall be chairman thereof, and the clerk of the supreme court shall act as secretary thereof and shall keep the records, files and correspondence of the board. The board of examiners shall meet not later than two days before an examination is to be held to prepare the questions to be answered in writing by the applicants, which questions when prepared shall be kept in a scaled envelope or package and free from inspection in the office of the clerk of the supreme court until required for such examination, and, after the completion of such examination, said questions shall be made public. [L. '11, p. 158, § 2. Cf. L. '09, p. 535, § 5; L. '03, p. 391, § 1.]

§ 125. Oath.-Every person before being admitted to practice law in this state shall take and subscribe the following oath:

I do solemnly swear:

(1) I will support the constitution of the United States and the constitution and laws of the state of Washington;

(2) I will maintain the respect due to courts of justice and judicial officers;

(3) I will not counsel or maintain any suit or proceedings which shall appear to me to be illegal and unjust, nor any defense except such as I believe to be honestly debatable under the law of the land;

(4) I will employ for the purpose of maintaining the causes confided to me such means only as are consistent with truth and honor, and will never seek to mislead the judge or jury by an artifice or false statement of facts or law;

(5) I will maintain the confidence and preserve inviolate the secrets of my client, and will accept no compensation in connection with his business except from him or with his knowledge and approval;

(6) I will abstain from all offensive personalities, and advance no fact prejudicial to the honor or reputation of a fellow attorney, party or witness, unless required by the justice of the cause with which I am charged;

(7) I will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed, or delay any man's cause for lucre or malice. So help me God. [L. '11, p. 159, § 3. Cf. L. '09, p. 535, § 6.]

§ 126. Revocation of License.-Upon the production of proof to the supreme court that any person admitted to practice law in this state, has been at the time of his admission to practice law, disbarred or suspended from practice in any state or territory of the United States, or that there was pending against such person any proceedings for disbarment or suspension in any such state or territory at the time of his admission to practice here laboring under any disability to practice in the courts, of any such state or territory, or that such person had ever been, at the time of his admission to practice here, convicted of a felony or misdemeanor involving moral turpitude, then said supreme court shall revoke and cancel the certificate of admission granted to such person. The proceedings for the revocation and cancellation of such certificate may be taken by the court of its own motion, or may be taken upon the information of another, and in either case the party shall have the privilege of making his own defense; such proceedings shall be by motion and answer, and evidence may be examined on either side. [L. '09, p. 536, § 7.]

§ 127. Disqualifications.-No person shall practice as an attorney and counselor at law in any court of this state who does not reside in the state, or is not a citizen of the United States, or who holds a commission as judge of any court of record, or who is a sheriff, coroner or deputy sheriff; nor shall the clerk of the supreme court or of the superior court, or the deputy of either, practice in the particular court of which he is clerk or deputy clerk; but nothing herein contained shall prevent attorneys and counselors at law, who reside without this state, practicing in this state, unless the state or territory in which they reside prohibits attorneys and counselors at law residing in this state to practice therein, but nothing herein contained shall prevent any judge of any of the courts of this state from finishing any business by him undertaken in the district, circuit or supreme court of the United States prior to his election as judge. [L. '95, p. 179, § 6.]

§ 128. No Exclusion on the Ground of Sex-No person shall be excluded from acting as an attorney at law and practicing in all the courts of this state on account of sex. [L. '95, p. 180, § 7.]